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So here we're going to look at
the commencement section of an

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act. Not all sections come into
force on the day the act is

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passed, and so there will be a
specific section that sets out

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when the different sections of
the act are going to come into

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force.

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This is usually towards the
bottom of the act, so we're at

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the Data Protection Acts and as
we get close to the end, we can

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see that we've got section 212,
which is called commencement.

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So the commencement section will
set out when the different

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sections of the Act are going to
come into force.

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And we can see from subsection 1
here that this Act is going to

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come into force on such a day as
the Secretary of State made by

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regulations appoint, except for
those sections provided by

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subsections 2 and three. So most
of the sections of this Act are

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going to wait until the
Secretary of State has made some

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regulations bringing these
sections into force.

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But some of the sections need to
come into force a bit earlier

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than that.

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So we can see from subsection 2
here that this section, section

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212 and the provisions mentioned
in A to F here are going to come

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into force the day the Act is
passed. And if you remember, the

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date the Act is passed is the
date at Royal assent. So if we

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went back to our act.

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and we went up and we looked at
in our introductory text and we

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found the date of Royal Assent,
which was the 23rd of May 2018.

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Then we know that a number of
sections came into force on that

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particular date, all of those
ones that were mentioned at

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section 212, subsection 2.

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So these are the ones that came
into force in that date in May.

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We've also got in subsection 3.
It talks about some provisions

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coming into force at the end of
the period of two months,

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beginning when the date of the
Act has passed. So this is quite

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straightforward. You find the
date of royal assent and then

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you add two months onto that.

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And then in subsection 4,
regulations can be passed making

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different provision for
different areas.

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So it's a bit like doing a
jigsaw puzzle at times. If not

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all the sections are coming into
force on the same day, You kind

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of have to look at what the
section says as when it's

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expected to come into force, and
very often that is in relation

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to the date of royal assent. If
it's not, if it's about

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secondary legislation that's
being passed, then you have to

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do further research to find that
secondary legislation.

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Where that is the case, it's
often simpler to use a

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subscription source if you have
one, such as Lexus Library or

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Westlaw, because in the notes
they often say when the

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individual sections came into
force.

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